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What are the benefits of filing Married but seperately?
Sent to Tax Experts February 11 11:39 AM

My sister is not divorced fomr her husband yet but normally gets a refund and wants to file her taxes. Her husband is uncooperative and says he will file his taxes seperately. My sister does not get credit for the 2 children when she files married but seperately. Is there another way? What is the benefit to either of them if neither gets to take the dependent credit?

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saratoga springs, New York

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Turbo tax

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February 11 12:52 PM (1 hour and 12 minutes and 18 seconds later)
         
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If your sister has lived apart from her husband for more than 6 months, she may beable to file head of household.

The right to claim a deduction in the absence of a legal separation agreement, divorce decree, or written agreement, rests with the parent who had physical custody (the custodial parent).

If you sister was the custodial parent, then she may beable to claim head of household. The basic requirements for head of household are:

Basic Qualifications:

  • Unmarried or considered unmarried on the last day of the year. (seperated and living apart)
  • You paid more than half the cost of upkeeping a home for the entire year.
  • A qualifying person lived with you in the home for more than half the year.

In order to be a qualifying individual your sisters children have to meet the following qualifications.

  1. The children must be her sons or daughters
  2. The child must be under age 19 at the end of the year; or under age 24 at the end of the year as a full time student; or Any age if permanently and totally disabled. The child must have lived with you for more than half the year.
  3. The child must not have provided for more than half of his or her own support for the year.
  4. If your son met the rules for qualifing child of more than one person, you must be the one entitled to claim him as a qualifying child. (The custodial Parent).

The custodial parent may allow the non-custodial parent ot claim a child on his or her taxes by signing a waiver FORM 8332.

Form 8332 (Release of Claim to Exemption for Child of Divorced or Separated Parentes) can be found at the following web site:

http://www.irs.gov/pub/irs-pdf/f8332.pdf



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Edward M. Johnson
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Ed Johnson -- International HR Consultant -- 99% Positive Feedback on 3486 Tax Accepts
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February 11 1:01 PM (9 minutes and 29 seconds later)
         
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February 11 2:45 PM (1 hour and 43 minutes and 45 seconds later)
         
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